Each State Party shall take appropriate measures to regulate, where necessary and feasible, the transit or trans-shipment under its jurisdiction of conventional arms covered under Article 2 (1) through its territory in accordance with relevant international law. United Nations The Arms Trade Treaty Preamble The States Parties to this Treaty, Guided by the purposes and principles of the Charter of the United Nations, Recalling Article 26 of the Charter of the United Nations which seeks to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, … Along with transit and trans-shipment States, they wanted to ensure that any new regulatory burdens were not excessive. Pending the first meeting of the Conference of States Parties, a provisional Secretariat will be responsible for the administrative functions covered under this Treaty. The prevention of diversion of conventional arms is one of the stated objectives of the Treaty outlined in article 1. A final treaty text is agreed upon. Determined to build on the progress made, it decided to convene in New York, from 18 to 28 March 2013, the Final United Nations Conference on the Arms Trade Treaty, to be governed by the rules of procedure adopted on 3 July 2012, in order to finalize the elaboration of the Arms Trade Treaty in an open and transparent manner, utilizing the modalities, applied mutatis mutandis, under which the United Nations Conference on the Arms Trade Treaty operated. In its resolution 67/234A of 24 December 2012, the United Nations General Assembly decided to convene the Final United Nations Conference on the Arms Trade Treaty from 18 to 28 March 2013, with the 26 July 2012 draft treaty text being the basis for future work. December 2009: The UN General Assembly adopts Resolution 64/48, establishing a treaty negotiating conference to be held in 2012 to draft the text of a legally binding arms trade treaty. The exporting State Party shall also consider whether there are measures that could be undertaken to mitigate risks identified in (a) or (b) in paragraph 1, such as con fidence-building measures or jointly developed and agreed programmes by the exporting and importing States. Guidelines for Conventional Arms Transfers, Letter dated 22 November 1991 from the leader of the delegation of the United Kingdom of Great Britain and Northern Ireland addressed to the President of the Conference on Disarmament transmitting the official text of the Communiqué issued following the meeting held in London on 17 and 18 October 1991 between representatives of the five States permanent members of the United Nations Security Council concerning arms transfers and non-proliferation (CD/1113, 26 November 1991), annex. Report of the Disarmament Commission for 1995 (A/50/42(SUPP), 27 July 1995) This Treaty shall enter into force ninety days following the date of the deposit of the fiftieth instrument of ratification, acceptance or approval with the Depositary. In a separate development, the permanent five Members of the Security Council agreed on “Guidelines for Conventional Arms Transfers” at a meeting on arms transfer and non-proliferation in London in October 1991 (CD/1113). Moreover, the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction was adopted in Ottawa, Canada, on 18 September 1997.Â. Each State Party shall, within the first year after entry into force of this Treaty for that State Party, in accordance with Article 22, provide an initial report to the Secretariat of measures undertaken in order to implement this Treaty, including national laws, national control lists and other regulati ons and administrative measures. States Parties are encouraged to report to other States Parties, through the Secretariat, information on measures taken that have been proven effective in addressing the diversion of transferred conventional arms covered under Article 2 (1). Report of the Secretary-General, “International arms transfers” (A/44/444/Add.3, 8 November 1989) 1200 18th Street NW, Suite 1175 If the export is not prohibited under Article 6, each exporting State Party, prior to authorization of the export of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, under its jurisdiction and pursuant to its national control system, shall, in an objective and non-discriminatory manner, taking into account relevant factors, including information provided by the importing State in accordance with Article 8 (1), assess the potential that the conventional arms or items: would contribute to or undermine peace and security; commit or facilitate a serious violation of international humanitarian law; commit or facilitate a serious violation of international human rights law; commit or facilitate an act constituting an offence under international conventions or protocols relating to terrorism to which the exporting State is a Party; or. Following a civil society campaign supported by the group of Nobel Peace Prize Laureates, seven Governments (Argentina, Australia, Costa Rica, Finland, Japan, Kenya and the United Kingdom of Great Britain and Northern Ireland – known as the “co-authors”) sponsored the first United Nations General Assembly resolution on an arms trade treaty in 2006.7 The resolution recognised that the absence of common international standards on the import, export and transfer of conventional arms was a contributory factor to conflict, the displacement of people, crime and terrorism as well as undermining peace, reconciliation, safety, security, stability and sustainable development. A State Party shall not authorize any transfer of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, if the transfer 5 would violate its obligations under measures adopted by the United Nations Security Council acting under Chapter VII of the Charter of the United Nations, in particular arms embargoes. Exporting States saw the ATT as a framework to allow their defence industries to participate more transparently in the legitimate international arms trade and level the playing field with an agreed set of standards. United Nations Conference to Review Progress Made in the Implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, Working paper submitted by Kenya (A/CONF.192/2006/RC/WP.2, 22 June 2006)

Report of the Secretary-General, “International arms transfers” (A/44/444, 14 August 1989) The resolution also mandates all treaty negotiations will conducted on the basis of consensus. Each State Party shall take measures necessary to implement the provisions of this Treaty and shall designate competent national authorities in order to have an effective and transparent national control system regulating the transfer of conventional arms covered under Article 2 (1) and of items covered under Article 3 and Article 4. Under article 20, an amendment to the Treaty cannot be proposed until six years after its entry into force. (in chronological order), General Assembly resolution S-10/2 of 30 June 1978 (Final Document of the Tenth Special Session of the General Assembly) Reports may exclude commercially sensitive or national security information. If, after conducting this assessment and considering available mitigating measures, the exporting State Party determines that there is an overriding risk of any of the negative consequences in paragraph 1, the exporting State Party shall not authorize the export. Perform any other function consistent with this Treaty. cooperate with other states-parties in order to implement the ATT effectively (Article 15). The Secretary-General of the United Nations shall be the Depositary of this Treaty. generous contributions of individuals who share

commit or facilitate a serious violation of international humanitarian law or international human rights law; commit or facilitate an act constituting an offence under international conventions or protocols relating to terrorism or transnational organised crime, to which the exporting State is a party. March 18-28, 2013: The second ATT negotiating conference convenes. Mindful also of the role regional organizations can play in assisting States Parties, upon request, in implementing this Treaty.

B. Doctrine

Each State Party involved in the transfer of conventional arms covered under Article 2 (1) shall take measures to prevent their diversion.

Tel: (202) 463-8270 | Fax: (202) 463-8273.

This risk assessment framework recognises that the impact on civilians needs to be an essential consideration of how the weapons industry conducts its business. Efforts to mitigate the risk and consequences of diversion will make the most difference to the security, stability and development of communities which are vulnerable to and seriously impacted by arms diverted for illicit use.

A voluntary trust fund shall be established by States Parties to assist requesting States Parties requiring international assistance to implement this Treaty. The ATT is already prompting States to take stock of their existing transfer controls – be they exporting, importing, or transit States – and to identify weaknesses and gaps.16 When the Treaty enters into force and as the regular Conference of States Parties take hold, it will underscore that the discussions and scrutiny of the arms trade have firmly found a place on the multilateral agenda. United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, “Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects” (A/CONF.192/15(SUPP), 9-20 July 2001) First, in resolution 46/36 H of 6 December 1991, entitled “International arms transfers”, the Assembly requested the Disarmament Commission to consider including the issue of international arms transfers in the agenda of its substantive session in 1993. It also requested the Secretary-General to seek the views and proposals of Member States on these matters (A/44/444, and Add.1, 2 and 3, A/45/363 and Add.1, and A/45/413) and to carry out, with the assistance of governmental experts, a study on ways and means of promoting transparency in international transfers of conventional arms, taking into consideration the views of Member States as well as other relevant information, including the problem of illicit arms trade (A/46/301).

States Parties shall, where jointly agreed and consistent with their national laws, afford one an other the widest measure of assistance in investigations, prosecutions and judicial proceedings in relation to violations of national measures established pursuant to this Treaty.

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